Chicago Wrongful Death Lawyer
Losing a family member is painful and often traumatic, particularly if your loved one’s death resulted from another person’s actions. Filing a lawsuit might seem overwhelming during such a difficult time. However, initiating a wrongful death claim may help you move forward by holding the responsible party accountable and lightening the financial burden your family member’s death created.
Content Written by: Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Quick Links
- How Can Meirowitz & Wasserberg Wrongful Death Lawyers Help You?
- What Constitutes Wrongful Death in Chicago?
- Who Can File a Wrongful Death Lawsuit in Chicago?
- How Long Do I Have to File a Wrongful Death Claim in Illinois?
- What Damages Can Be Recovered in a Wrongful Death Lawsuit in Chicago?
- Who Can Be Held Liable for a Wrongful Death in Illinois?
- How to Prove Liability in a Wrongful Death Claim in Chicago
- The Role of a Wrongful Death Lawyer in Chicago
- Frequently Asked Questions
- Contact An Experienced Chicago Wrongful Death Attorney Today!
- Our Chicago Wrongful Death Lawyers
Working with a knowledgeable Chicago wrongful death lawyer makes the legal process more manageable and less intimidating. If you feel you have a wrongful death claim, the attorneys at Meirowitz & Wasserberg can help you explore your options.
How Can Meirowitz & Wasserberg Wrongful Death Lawyers Help You?
Navigating the legal process is challenging and stressful. With more than 30 years of combined experience in Chicago wrongful death claims, we can provide you with the expertise and guidance you need.
Our Team
At Meirowitz & Wasserberg, nothing is more important than our clients. Our nationally recognized trial attorneys are compassionate with victims, aggressive in the courtroom, and committed to delivering you justice. Our mantra is “We Represent People, Not Corporations.” We aim to prove our commitment to this motto by supporting everyday victims suffering from someone else’s negligent or reckless behavior.
The leadership of our partners sets the tone for our attorneys. Samuel Meirowitz ranks among the Top 100 Trial Lawyers by The National Trial Lawyers. Daniel Wasserberg has built a reputation with the plaintiffs and defense bar as a knowledgeable and driven wrongful death and personal injury attorney who consistently delivers excellent results.
Our Case Results
As a Chicago wrongful death law firm, we help surviving family members pursue the compensation they deserve. We’ve recovered more than $360 million in settlements and verdicts, and our case results include multi-million dollar settlements for wrongful death and personal injury clients.
For example, Meirowitz & Wasserberg obtained a settlement worth more than $3,400,000 for a Navy boiler-room operator who contracted mesothelioma and could not testify on his own behalf.
Reviews From Our Clients
We work closely with all our clients through every legal process stage. These are some of their comments:
Sam N Dan are AMAZING people! They demanded and got justice for my Father, and I love them dearly! I hope they know how much our family STILL appreciates them and all they did for us in our fight against those who wronged him. Sam N Dan were very personable, professional, responsive to our questions, and supportive in what was a very traumatic time in my family’s life. Sadly, my Father was not able to see his case go to court, as he succumbed to his illness before that time. But he would be SO PROUD of the VICTORY Sam N Dan achieved in bringing his life story alive and securing his legacy. God bless Sam N Dan and their whole legal team! Stay safe and well, guys, and know that you carry a special place in this family’s heart!! – Laura C.
At a time in our lives when we could have been left with nothing but devastation, Sam and his team were like angels to my family. My dad was diagnosed with mesothelioma in 2015, and within months, we were receiving money from the companies who made him sick. We were able to spend valuable time together doing things like family vacations at a time when we would have had nothing but sadness. My dad passed away this past December, but thanks to Sam and his team, he was able to leave us a legacy. They say money can’t buy happiness, but at this point, I disagree. Sam fought hard to get us what we needed to make my dad’s last years on earth happy ones. And for that, we are eternally grateful. – Linda S.
My family retained the services of Meirowitz & Wasserberg after the diagnosis of my father with Mesothelioma. Daniel Wasserberg personally flew several times to meet my father and the rest of the family to explain our rights and a plan to fight for what our family deserved. And fight they did! Daniel and Samuel are tenacious, knowledgeable, and fearless attorneys. But they are also compassionate men who never lose sight of families and the suffering of those fighting the disease. We eventually lost my father to this tragic disease, but thanks to the work of M & W and their staff, my mother and my family have been taken care of thanks to their expert representation. Do not hesitate to retain these guys! Thanks, Daniel & Samuel! – Marcus D.
We’re honored to receive such client testimonials because they reflect our dedication to helping people during their most vulnerable times.
What Constitutes Wrongful Death in Chicago?
Under the Illinois Wrongful Death Act, a death qualifies as wrongful if it occurs from another person’s misconduct or negligence. In these cases, negligence refers to an action or lack of action that doesn’t consider another person’s safety.
A wrongful death claim can occur as the result of an intentionally violent act or an unintentional event that resulted from negligence, such as the following:
- Bus accidents
- Car accidents
- Bicycle accidents
- Truck accidents
- Workplace incidents
- Medical malpractice
A wrongful death might also result from a defective product. Manufacturers are strictly liable for foreseeable injuries caused by defects. In that case, you only need to prove the product had a design or manufacturing defect that caused your loved one’s death. You do not have to prove negligence by the manufacturer.
An accident may not qualify as a wrongful death if it results from circumstances beyond human control, such as weather conditions or the victim’s negligence. However, when someone else’s actions cause a loved one’s death, you have the right to seek compensation.
Who Can File a Wrongful Death Lawsuit in Chicago?
The estate’s personal representative, typically the executor named in the deceased person’s will, must file the wrongful death lawsuit on behalf of surviving family members. Compensation generally goes to the victim’s surviving spouse or next of kin, which might include the following:
- Biological and adopted children
- Grandchildren
- Biological and adopted parents
- Siblings
If none of these family members are alive, more distant relatives may be able to receive the settlement instead.
How Long Do I Have to File a Wrongful Death Claim in Illinois?
The statute of limitations for wrongful death claims in Chicago is two years from the victim’s death. However, there are some exceptions to this rule.
If your family member’s death occurred because of violent intentional conduct, the time frame for filing a civil lawsuit expands. You must file your claim within five years of the death or one year after the resolution of a criminal case involving one of these charges:
- First-degree murder
- Intentional homicide of an unborn child
- Second-degree murder
- Voluntary manslaughter of an unborn child
- Involuntary manslaughter or reckless homicide
- Involuntary manslaughter or reckless homicide of an unborn child
- Drug-induced homicide
Failure to file your claim before the deadline could result in dismissal by a court. An experienced Chicago wrongful death attorney can determine how quickly you need to file your lawsuit.
What Damages Can Be Recovered in a Wrongful Death Lawsuit in Chicago?
Surviving family members can try to collect different kinds of damages under the Wrongful Death Act and the Illinois Survival Act, including the following:
- Financial losses, such as household income
- Loss of emotional support
- Loss of companionship or consortium
- Pain and suffering
- Funeral expenses
- Final medical costs
An experienced wrongful death lawyer in Chicago can help you calculate the appropriate damages for your claim.
Who Can Be Held Liable for a Wrongful Death in Illinois?
The person or organization responsible for your loved one’s death is liable in a Chicago wrongful death case. The responsible party could be an at-fault driver, the responsible party’s employer, a defective product manufacturer, a property owner, a negligent health care provider, or a contractor.
The law shields some parties from wrongful death claims. For instance, you can’t seek damages from your employer if the incident falls under workers’ compensation coverage. You also can’t file a claim against a government agency performing discretionary functions.
How to Prove Liability in a Wrongful Death Claim in Chicago
When presenting a wrongful death case, an attorney must introduce evidence to prove several key points:
- Duty: The defendant had a duty to act carefully and avoid harming others.
- Breach of duty: The defendant failed to meet their duty.
- Causation: The defendant’s action or inaction caused the victim’s death.
- Damages: The victim’s death caused the surviving family members financial or non-financial losses.
The lawyers at Meirowitz & Wasserberg have expertise with Chicago wrongful death claims and know how to demonstrate that each of these factors applies to your loved one’s death.
The Role of a Wrongful Death Lawyer in Chicago
Trying to navigate the legal complexities of a wrongful death suit can be challenging—and especially difficult when you’re coping with a loved one’s loss. An experienced Chicago wrongful death lawyer can assist you throughout the case.
Managing Every Phase of the Legal Process
A wrongful death attorney oversees your claim from beginning to end, from investigating and collecting evidence to completing paperwork and submitting court documents. Your attorney also will attempt to negotiate a settlement with the defendant’s insurance carriers and attorneys. If necessary, they will take the case to court.
Each task requires close attention to detail and knowledge of the legal system. Our lawyers will offer their full diligence to every aspect of your Chicago wrongful death claim.
Overcoming Common Challenges in Wrongful Death Claims
A skilled attorney will help you overcome hurdles during a wrongful death claim. Such obstacles include proving liability, which can be especially challenging if the victim shared at least partial responsibility for the accident. Your attorney must have all the accident details to form a complete picture of what occurred and show the defendant was at fault.
Determining the full amount of damages owed is often complicated. You and your attorney must consider your lost loved one’s past, present, and future financial impact so you receive the maximum possible compensation.
Frequently Asked Questions
Many people are unfamiliar with filing a Chicago wrongful death lawsuit. We’ve answered some questions our clients commonly ask to clarify the process.
What's the Average Settlement for a Wrongful Death Lawsuit in Illinois?
Determining the average wrongful death settlement is difficult because amounts vary widely, ranging from tens of thousands to several million dollars. Illinois has no cap on wrongful death damages, but your settlement amount will depend on your case’s details, including the extent of your financial losses and whether the victim shared any fault.
How Do I File a Wrongful Death Lawsuit in Illinois?
Seeking legal advice for wrongful death in Chicago is the first step in filing your claim. After an initial consultation in which you share the case’s details, the attorney will help you determine whether you have a valid claim and walk you through the next steps, which may include filing paperwork, collecting evidence, and negotiating a settlement.
Who Are Wrongful Death Suits Typically Filed Against?
Wrongful death suits may be filed against individuals, corporations, or government agencies whose actions or negligence directly caused another person’s death. Common defendants in wrongful death claims include at-fault drivers, health care providers, and the defendants’ employers.
Who Is the Beneficiary of a Wrongful Death Case in Illinois?
The deceased person’s surviving spouse or next of kin receives any money recovered during an Illinois wrongful death case. Possible beneficiaries include a child, parent, grandparent, or sibling.
Contact An Experienced Chicago Wrongful Death Attorney Today!
Filing a wrongful death claim offers a path to justice and financial support for families who have lost their loved ones. The attorneys at Meirowitz & Wasserberg provide legal representation for wrongful death in Chicago and are ready to fight for you. Call 844-446-9529 or submit our online contact form to schedule a free consultation.
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